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      By lolerz · Posted

      In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is illegal and breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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      Shoplifting in Waitrose - Banned No Police called

      By COCOPINEAPLE1234 · Posted

      @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Whyisitthis
      Shoplifting in Waitrose - Banned No Police called

      By Whyisitthis · Posted

      Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Sorry my redactions made it harder dx. Tick dates are 11/12/2014

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Liz v Barclays - Mercantile Court **WON**

LIZHAJI
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MoonHawk

MoonHawk

Posted
Posted

Without sounding too naive, can one of the mods (or anyone that knows) answer a question regarding this.

 

Is there going to be any difference to the outcome via this route. Would the banks not just settle before it gets to court the same as they have been doing so far? Or does the Mercantile Court have different powers and they can be forced to go to court by the judge? :confused:

 

All I see this doing is delaying things and creating extra stress for the claimants with no difference in the end result.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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file_wizzard

file_wizzard

Posted
Posted
Without sounding too naive, can one of the mods (or anyone that knows) answer a question regarding this.

 

Is there going to be any difference to the outcome via this route. Would the banks not just settle before it gets to court the same as they have been doing so far? Or does the Mercantile Court have different powers and they can be forced to go to court by the judge? :confused:

 

All I see this doing is delaying things and creating extra stress for the claimants with no difference in the end result.

 

Best Wishes

MoonHawk

The difference is that regardless of whether the bank offers settlement the High Court / Multi track route gives the claimant greater rights to request that the court orders disclosure / declaration.

 

Also once a case (or group of cases) has been fully heard, and an order passed this will then force the lower courts to comply to this precedent.

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MoonHawk

MoonHawk

Posted
Posted

Thanks File Wizzard :)

 

I do understand about the disclosure rules and that the courts are trying to get a test case through to set a precedent. What I was asking was in relation to the cases actually seeing a court-room.

 

At the end of the day there can be no test case unless one of the banks actually goes to into court to fight a case. And going by the stakes involved and the track record so far, this is not going to happen.

 

On the cases that I know about, they are either Small Claims, or Fast Track (as my own case is). And there is also possibility of Multi-track. Now we also have Mercantile. The procedure will be different and probably more stressful for the claimants, but unless the court can force the banks into court or force a ruling, I can not see a difference in outcome.

 

The only thing that I can see happening is that more and more courts will put a long stay on cases , waiting for a decision to be made by the Mercantile cases. These in turn will be settled out of court and therefore no decision. So the true outcome of this is that banks will get further delays on hundreds of cases they were going to have to settle soon. Since time was the only thing they had truly on their side, I see this is a plus for them. And we have to carry on playing the patience game a while longer.

 

My understanding as a layman gathering knowledge through lots of reading :)

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Number6

Number6

Posted
Posted
Thanks File Wizzard :)

 

I do understand about the disclosure rules and that the courts are trying to get a test case through to set a precedent. What I was asking was in relation to the cases actually seeing a court-room.

 

At the end of the day there can be no test case unless one of the banks actually goes to into court to fight a case. And going by the stakes involved and the track record so far, this is not going to happen.

 

On the cases that I know about, they are either Small Claims, or Fast Track (as my own case is). And there is also possibility of Multi-track. Now we also have Mercantile. The procedure will be different and probably more stressful for the claimants, but unless the court can force the banks into court or force a ruling, I can not see a difference in outcome.

 

The only thing that I can see happening is that more and more courts will put a long stay on cases , waiting for a decision to be made by the Mercantile cases. These in turn will be settled out of court and therefore no decision. So the true outcome of this is that banks will get further delays on hundreds of cases they were going to have to settle soon. Since time was the only thing they had truly on their side, I see this is a plus for them. And we have to carry on playing the patience game a while longer.

 

My understanding as a layman gathering knowledge through lots of reading :)

 

Best Wishes

MoonHawk

 

This is what I was saying a few weeks ago. It's the banks that (unwittingly) gain from this and why do the courts not realise that no bank is ever going to stand up in front of a judge over charges. Have they not seen the trend?

 

Unless a bank can be forced into court (a contempt of the court system charge maybe?) this merely adds to delays for the majority.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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lynzpower

lynzpower

Posted
Posted

just to let everyone know, although IM not sure whether this is the right place to put it or not, but I gave the law firm acting on behalf of Ltsb a quick ring yesterday after a quick chat with filewizzard *out of courtesy* to let them know when the CMC is.

 

Hopefully that will have sufficiently ruined someones day up at Ltsb - as it did mine :rolleyes:

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dolfos

dolfos

Posted
Posted

Goodluck for tomorrow will be watching!

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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LIZHAJI

LIZHAJI

Posted
  • Author
Posted

UPDATE

 

Had letter from the mercantile, advising of case management day, also that the judge had ruled the case would be heard under small claim terms.

 

also got letter from barclays on the same day and all I can say now is that I won't be going to court and I am very happy

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MoonHawk

MoonHawk

Posted
Posted

What a surprise .... NOT!

 

Congratulations :)

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Glenn UK

Glenn UK

Posted
Posted
UPDATE

 

Had letter from the mercantile, advising of case management day, also that the judge had ruled the case would be heard under small claim terms.

 

also got letter from barclays on the same day and all I can say now is that I won't be going to court and I am very happy

 

Excellent news.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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LIZHAJI

LIZHAJI

Posted
  • Author
Posted

I pleased I found this website and glad I am now just reading other threads and passing on my limited knowledge

 

Although I would do it all again, especially when I read in the Daily Mail that the top five banks ( Barclays/HSBC/Natwest/Lloyds/ ??) made 4.6 billion in charges alone last year

 

May the fight continue .............

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LEECHTHEBREACH

LEECHTHEBREACH

Posted
Posted

Hi Liz, i have been following this thread with interest,as i am up against BARCLAYS.

Does this mean that they are not defending the case in Mercantile with not only you but all the other litigants,if so

SURELY THIS IS THE ONE WE HAVE BEEN WAITING FOR !!!!!!!!!!!!!!

Many Congratulations

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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LIZHAJI

LIZHAJI

Posted
  • Author
Posted

Not sure about the others, I know there were a number of us, I would assume Barclays are contacting those referred to the mercantile to arrange individual arrangments.

 

But things may be delayed as poor Mr Jeremiah of Barclays litigation team has been off work sick, I hope its not stress related !!!

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tigger26

tigger26

Posted
Posted

:D

Well done Liz, I'm happy that you've finally got the money.

Must say after my conversation with him 2 weeks ago, I did get the impression that it wouldn't have been too long:D

Well, sit back and enjoy

Just need to see if file_wizard has had that letter too:o

Sara xxxx

BARCLAYS - see here http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/6839-sarajane-barclays-mercantile-court.html

BARCLAYCARD - 20/10 = Prelim letter

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tigger26

tigger26

Posted
Posted

But surely if they offer you the full amount - how can you persue for a test case?

I understand the reasons for wanting to force the issue - what other tricks do you have up your sleeve then :D

BARCLAYS - see here http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/6839-sarajane-barclays-mercantile-court.html

BARCLAYCARD - 20/10 = Prelim letter

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file_wizzard

file_wizzard

Posted
Posted
But surely if they offer you the full amount - how can you persue for a test case?

I understand the reasons for wanting to force the issue - what other tricks do you have up your sleeve then :D

Without wishing to divulge too much detail at this stage the courts are obviously as keen as us to draw a line under the “bank charges” claims once and for all.

 

As the case’s are now at the high court it is possible to ask the court to order disclosure of how these charges are calculated even after settlement has been offered, therefore mindful of the wider picture they are likely to do this in order to set a precedent.

 

However, there are significant risks for a litigant in person who takes this path as they may become liable for costs as they have refused to settle and could be deemed to of unreasonably pursued the case.

 

Watch this space……

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LIZHAJI

LIZHAJI

Posted
  • Author
Posted

Good luck file wizzard, it needs someone to take it all the way to end the banks playing delaying tactics.

 

According to my letter from the court there was a total of 14 including mine at the case management conference on the 18th October. When Mr Jeremiah was off sick last week no one else in the office had any idea about his work load, if he is still off sick Barclays may miss offering settlement to someone and may have to turn up the case management conference.

 

From reading other threads it looks like every time they settle one case outside the courts, the courts send another case from the small claims to the mercantile, sooner or later Barclays will miss one and have to stand up in court and fight instead of hiding behind the system.

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MARTIN3030

MARTIN3030

Posted
Posted

Good points but we have to remember KJ is only a part of a well resoirced legal team.

You can be sure that Barclays will be making arrangements in KJs absence.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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tigger26

tigger26

Posted
Posted

Good luck file_wizard. I wouldn't have the balls to do what you're trying - bet BF's excited about this strategy:D .

BARCLAYS - see here http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/6839-sarajane-barclays-mercantile-court.html

BARCLAYCARD - 20/10 = Prelim letter

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keren29

keren29

Posted
Posted

Well done!!!!!!!! I've been following your journey - nice one!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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